Common use of Indemnification of Shareholders Clause in Contracts

Indemnification of Shareholders. If any Shareholder or former Shareholder shall be exposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder of the Trust (or by having been a Shareholder of a particular Series), and not because of such Person’s acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, his or her heirs, executors, administrators, or other legal representatives or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled to be held harmless from and indemnified out of the assets of the Trust or out of the assets of the applicable Series (as the case may be) against all loss and expense arising from such claim or demand; provided, however, there shall be no liability or obligation of the Trust (or any particular Series) arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s ownership of any Shares.

Appears in 81 contracts

Samples: Agreement and Declaration of Trust (Kurv ETF Trust), Agreement and Declaration of Trust (Destra Multi-Alternative Fund), Amended and Restated Agreement and Declaration of Trust (Destra Multi-Alternative Fund)

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Indemnification of Shareholders. If any Shareholder or former Shareholder shall be exposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder of the Trust (or by having been a Shareholder of a particular Series), and not because of such Person’s 's acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, his or her heirs, executors, administrators, or other legal representatives or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled to be held harmless from and indemnified out of the assets of the Trust or out of the assets of the applicable Series (as the case may be) against all loss and expense arising from such claim or demand; provided, however, there shall be no liability or obligation of the Trust (or any particular Series) arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s 's ownership of any Shares.

Appears in 49 contracts

Samples: Trust Agreement (BCM Focus Funds), Declaration of Trust (Simplify Exchange Traded Funds), Agreement and Declaration of Trust (A3 Alternative Income Fund)

Indemnification of Shareholders. If any Shareholder or former Shareholder shall be exposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder of the Trust (or by having been a Shareholder of a particular Series), and not because of such Person’s 's acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, his or her heirs, executors, administrators, or other legal representatives or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled to be held harmless from from, and indemnified out of the assets of the Trust or out of the assets of the applicable Series (as the case may be) against against, all loss and expense arising from such claim or demand; provided, however, that there shall be no liability or obligation of the Trust (or any particular Series) arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s 's ownership of any Shares.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Barrett Funds), Trust Agreement (Igam Group Funds), Trust Agreement (Pennsylvania Avenue Funds)

Indemnification of Shareholders. If any Shareholder or former Shareholder shall be exposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder of the Trust (or by having been a Shareholder of a particular Series)Series thereof, and not because of such Person’s 's acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, his or her heirs, executors, administrators, or other legal representatives or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled to be held harmless from and indemnified out of the assets of the Trust or out of the assets of the applicable such Series (thereof, as the case may be) , against all loss and expense arising from such claim or demand; providedPROVIDED, howeverHOWEVER, there shall be no liability or obligation of the Trust (or any particular Series) Series thereof arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s 's ownership of any Shares.

Appears in 3 contracts

Samples: Trust Agreement (Assetmark Funds), Trust Agreement (Assetmark Funds), Trust Agreement (Templeton Capital Accumulator Fund Inc)

Indemnification of Shareholders. If any Shareholder or former Shareholder shall be exposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder of the Trust (or by having been a Shareholder of a particular Series), and not because of such Person’s 's acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, his or her heirs, executors, administrators, or other legal representatives or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled to be held harmless from and indemnified out of the assets of the Trust or out of the assets of the applicable Series (as the case may be) against all loss and expense arising from such claim or demand; providedPROVIDED, howeverHOWEVER, there shall be no liability or obligation of the Trust (or any particular Series) arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s 's ownership of any Shares.

Appears in 3 contracts

Samples: Trust Agreement (Lincoln National Aggressive Growth Fund Inc), Agreement and Declaration of Trust (Everest Funds), Agreement and Declaration of Trust (New River Funds)

Indemnification of Shareholders. If any Shareholder or former Shareholder shall be exposed beexposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder aShareholder of the Trust (or by having been a Shareholder of a particular Series), and not because of such PersonsuchPerson’s acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, his or her heirsherheirs, executors, administrators, or other legal representatives or, in the case of a corporation or other entity, its corporate itscorporate or other general successor) shall be entitled to be held harmless from and indemnified out of the assets of assetsof the Trust or out of the assets of the applicable Series (as the case may be) against all loss and expense arising from arisingfrom such claim or demand; provided, however, there shall be no liability or obligation of the Trust (or any particular anyparticular Series) arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s ownership Shareholder’sownership of any Shares.

Appears in 2 contracts

Samples: Trust Agreement (Elessar Funds Investment Trust), Trust Agreement (Elessar Funds Investment Trust)

Indemnification of Shareholders. If any Shareholder or former Shareholder shall be exposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder of the Trust (or by having been a Shareholder of a particular Series), and not because of such Person’s acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, his or her heirs, executors, administrators, administrators or other legal representatives or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled to be held harmless from and indemnified out of the assets of the Trust or out of the assets of the applicable Series (as the case may be) against all loss and expense arising from such claim or demand; provided, however, there shall be no liability or obligation of the Trust (or any particular Series) arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s ownership of any Shares.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (E-Valuator Funds Trust)

Indemnification of Shareholders. If any Shareholder or former Shareholder shall be exposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder of the Trust (or by having been a Shareholder of a particular Series), and not because of such Person’s 's acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, 13 his or her heirs, executors, administrators, or other legal representatives or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled to be held harmless from and indemnified out of the assets of the Trust or out of the assets of the applicable Series (as the case may be) against all loss and expense arising from such claim or demand; provided, however, there shall be no liability or obligation of the Trust (or any particular Series) arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s 's ownership of any Shares.

Appears in 1 contract

Samples: Declaration of Trust (TriCor Strategic Allocation Fund)

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Indemnification of Shareholders. If any Shareholder or former -------------------------------- Shareholder shall be exposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder of the Trust (or by having been a Shareholder of a particular Series)Series thereof, and not because of such Person’s 's acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, his or her heirs, executors, administrators, or other legal representatives or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled to be held harmless from and indemnified out of the assets of the Trust or out of the assets of the applicable such Series (thereof, as the case may be) , against all loss and expense arising from such claim or demand; provided, however, there shall be no liability or obligation of -------- ------- the Trust (or any particular Series) Series thereof arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s 's ownership of any Shares.

Appears in 1 contract

Samples: Declaration of Trust (Wallace Funds)

Indemnification of Shareholders. If any Shareholder or former Shareholder shall be exposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder of the Trust (or by having been a Shareholder of a particular Series), and not because of such Person’s 's acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, his or her heirs, executors, administrators, or other legal representatives or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled to be held harmless from and indemnified out of the assets of the Trust or out of the assets of the applicable Series (as the case may be) against all loss and expense arising from such claim or demand; provided, however, there shall be no liability or obligation of the Trust (or any particular Series) arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s 's ownership of any Shares. The Trust, on behalf of the affected Series shall, upon request of the Shareholder, assume the defense of any claim made 1001299/4 13 against the Shareholder for any act or obligation of the Series and satisfy any judgment thereon from the assets of the Series.

Appears in 1 contract

Samples: Trust Agreement (Lincoln Advisors Trust)

Indemnification of Shareholders. If any Shareholder or former Shareholder shall be exposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder of the Trust (or by having been a Shareholder of a particular Series), and not because of such Person’s acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, his or her heirs, executors, administrators, or other legal representatives or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled to be held harmless from and indemnified out of the assets of the Trust or out of the assets of the applicable Series (as the case may be) against all loss and expense arising from such claim or demand; provided, however, there shall be no liability or obligation of the Trust (or any particular Series) arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s ownership of any Shares. The Trust, on behalf of the affected Series shall, upon request of the Shareholder, assume the defense of any claim made against the Shareholder for any act or obligation of the Series and satisfy any judgment thereon from the assets of the Series.

Appears in 1 contract

Samples: Declaration of Trust (Lincoln Funds Trust)

Indemnification of Shareholders. If any Shareholder or former ------------------------------- Shareholder shall be exposed to liability by reason of a claim or demand relating solely to his or her being or having been a Shareholder of the Trust (or by having been a Shareholder of a particular Series), and not because of such Person’s 's acts or omissions, the Shareholder or former Shareholder (or, in the case of a natural person, his or her heirs, executors, administrators, or other legal representatives or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled to be held harmless from from, and indemnified out of the assets of the Trust or out of the assets of the applicable Series (as the case may be) against against, all loss and expense arising from such claim or demand; provided, however, that there shall be no liability ----------------- or obligation of the Trust (or any particular Series) arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s 's ownership of any Shares.

Appears in 1 contract

Samples: Trust Agreement (Ingenuity Capital Trust)

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